U.S. v. Triggs

Defendant was entitled to withdraw his guilty plea to charge of unlawful possession of firearm under section 922(g), where: (1) plea was entered shortly before Rehaif, 139 S.Ct. 2191; (2) Rehaif recognized new requirement in instant firearm offense that govt. establish that defendant knew he belonged to relevant category of persons barred from possessing firearm; and (3) defendant raised plausible argument that he was unaware that his 2008 misdemeanor battery conviction, which formed predicate offense for instant firearm offense, was actually misdemeanor crime of domestic violence that precluded him from possessing firearms. Ct. further noted that it was unclear whether defendant was ever properly notified of nature of 2008 offense or its required elements. As such, defendant has plausible defense under Rehaif and carried his burden of establishing reasonable probability that he would not have pleaded guilty had he known of govt.’s burden under Rehaif.